Stabler v. Ford Werke AG

Florida District Courts of Appeal
Stabler v. Ford Werke AG, 581 So. 2d 632 (1991)
1991 Fla. App. LEXIS 5353; 1991 WL 98031
Dell, Hersey, Letts

Stabler v. Ford Werke AG

Opinion of the Court

PER CURIAM.

This is an appeal from an order transferring the underlying action to Martin County, Florida. The motion to transfer filed by appellee, Ford, was unsworn. The affidavit filed in support of the motion was based upon hearsay which, itself, was stale and outdated. There was no sworn testimony taken at the hearing on the motion. Thus, there was not substantial, competent evidence to support the trial court’s exercise of discretion in acting on the motion. This constitutes an inappropriate use of discretion. See Hickman v. Sacino, 566 So.2d 903 (Fla. 4th DCA 1990).

We therefore reverse, and, as in Gallagher v. Smith, 517 So.2d 744 (Fla. 4th DCA 1987), remand to permit the lower court to consider such proper evidence as may be presented by the parties as to the most convenient forum for the trial of this case. The convenience of the witnesses has been described as the single most important factor under section 47.122, Florida Statutes (1989). Hu v. Crockett, 426 So.2d 1275 (Fla. 1st DCA 1983).

REVERSED AND REMANDED.

HERSEY, C.J., and LETTS and DELL, JJ., concur.

Reference

Full Case Name
Daniel J. STABLER and Tracey Wills Stadler, his wife v. FORD WERKE AG, a foreign corporation, Heiser Lincoln-Mercury, Inc., a foreign corporation, Ford Motor Co., a foreign corporation, Jeffrey Kirsch, as Personal Representative of the Estate of Brian S. Richards, the Richards Automobile Co., Inc., a domestic corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a foreign corporation
Cited By
2 cases
Status
Published